Cohabitation—living together without being married—is an increasingly popular choice for many couples in the UK. In fact, the number of cohabiting couples has doubled in the past two decades. As with any major life decision, it’s important to understand both the potential benefits and possible drawbacks before deciding to cohabit.

Advantages of Cohabitation

1. Financial Benefits

One of the most common reasons for choosing to cohabit is to share living expenses. Splitting costs such as rent, mortgage payments, utility bills, and food can provide significant savings compared to living alone. Having fewer financial pressures can, in many cases, reduce stress and leave couples with more disposable income for other priorities or goals.

2. Testing Compatibility

Living together before marriage can help partners learn about each other’s habits, values, and preferences in a more realistic, day-to-day way. This “trial run” can highlight any significant differences and allow couples to work on them together, potentially strengthening their relationship before making a more formal commitment.

3. Flexibility

Unlike marriage, which comes with formal legal and financial obligations, cohabitation offers more flexibility. If a couple decides they are no longer compatible, they may find it simpler to separate—although practical arrangements such as dividing up jointly owned property can still be complex (see more below).

4. Relationship Development

For many couples, cohabitation fosters emotional intimacy and communication, as they learn to navigate domestic life together. By sharing a home, couples often develop deeper trust and understanding, building a stronger foundation for the future.

Disadvantages of Cohabitation

1. Limited Legal Protections

A key distinction between married and cohabiting couples in the UK is the difference in legal rights and protections. Although there are some limited rights for cohabitees—such as making certain financial claims or seeking child maintenance—there is no equivalent legal status to “common law marriage.” This means cohabiting couples do not benefit from the same level of security when it comes to issues like inheritance, pensions, and spousal maintenance if they decide to separate.

2. Unclear Property Rights

If a relationship ends, cohabiting couples can face complicated issues regarding property ownership. For instance, if a home is owned by just one partner, the other may lack clear legal rights to remain in or claim a share of the property, even if they have contributed financially. Resolving these disputes might require legal proceedings under trust and land law, which can be both stressful and expensive.

3. Inheritance Complications

If one partner dies without a valid will, the other is not automatically recognised as a beneficiary. Under the rules of intestacy, cohabiting partners usually do not inherit, unlike a married spouse. Couples must create a legally binding will if they wish to ensure their partner is provided for in the event of death.

4. Potential Uncertainty

For some, the relative informality of cohabitation may bring a sense of freedom; for others, it can lead to uncertainty about the future, leading to disagreements if one partner wants a more formal arrangement (such as marriage) and the other prefers to remain unmarried.

Cohabiting Couples’ Legal Rights

Although “common law marriage” is not recognised in the UK, there are still some legal avenues cohabiting couples can explore:

• Financial claims: In certain circumstances, a partner may be able to make a financial claim against the other.
• Child maintenance: Parents, whether married or not, can seek maintenance from the non-resident parent for their child.
• Property ownership: Cohabiting couples can set out ownership rights in a Cohabitation Agreement or Declaration of Trust to help avoid disputes later on.

Making Cohabitation Work

1. Have Open Discussions
   Talk openly about finances, living arrangements, and expectations for the future. Transparency helps avoid unexpected conflicts later on.

2. Consider a Cohabitation Agreement
   This formal document can protect both parties by setting out how assets and finances should be handled and what happens if the relationship ends.

3. Write a Will
   Without a valid will, a surviving cohabitant is not automatically entitled to inherit. Ensure that each partner’s wishes are clearly documented to avoid complications if one partner dies.

4. Plan for Children
   If you have or plan to have children, be aware of both parents’ legal responsibilities and child custody arrangements. Regardless of marital status, the courts prioritise the child’s welfare if disputes arise.

5. Seek Professional Advice
   If you have concerns or are unsure about your rights as a cohabiting couple, consider speaking to a solicitor experienced in cohabitation law.

Contact HM & Co. Solicitors

• Address: 186 Lower Road, Surrey Quays, London SE16 2UN
• Telephone: 02071128180
• Email: info@hmsolicitorsltd.com

If you are considering cohabitation or need legal advice on cohabitation issues, HM & Co. Solicitors is here to help. Our team of experienced cohabitation lawyers can guide you through the complexities of UK law, ensuring you and your partner have the right legal framework to protect your interests and future.